Crotty v. An Taoiseach [1987] IESC 4; [1987] IR 713 (9th April, 1987)

Crotty v. An Taoiseach [1987] IESC 4; [1987] IR 713 (9th April, 1987)

The European Communities (Amendment) Act, 1986 does not exceed the constitutional authorisation in Article 29, s. 4, sub-s. 3, as the amendments do not alter the essential scope or objectives of the Communities. However, ratification of Title III of the Single European Act, which commits the State to binding cooperation in foreign policy, constitutes a material surrender of sovereignty and requires a constitutional amendment and referendum.

Citation
[1987] IR 713
Parties
Plaintiff: Raymond Crotty; Defendants: An Taoiseach and Others
Jurisdiction
Ireland
Procedural Posture
Constitutional Challenge / Supreme Court Appeal
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Ratification of Treaties, Sovereignty, Separation of Powers, Constitutional Amendment, European Communities, Single European Act
Constitutional Law International Law European Union Law Ratification of Treaties Sovereignty Separation of Powers Constitutional Amendment European Communities +1 more

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Parties

Raymond Crotty

Plaintiff

An Taoiseach and Others

Defendants

Procedural Posture

Constitutional Challenge / Supreme Court Appeal

Legal Issues

  1. 1 Whether the European Communities (Amendment) Act, 1986 is invalid under the Constitution
  2. 2 Whether ratification of Title III of the Single European Act requires a constitutional amendment
  3. 3 Whether the Government can bind the State in foreign policy by treaty without a referendum

Ratio Decidendi

The European Communities (Amendment) Act, 1986 does not exceed the constitutional authorisation in Article 29, s. 4, sub-s. 3, as the amendments do not alter the essential scope or objectives of the Communities. However, ratification of Title III of the Single European Act, which commits the State to binding cooperation in foreign policy, constitutes a material surrender of sovereignty and requires a constitutional amendment and referendum.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Declaration that the European Communities (Amendment) Act, 1986 is not invalid under the Constitution
  • Declaration that ratification of Title III of the Single European Act requires a constitutional amendment and referendum